TERMS OF SERVICE
These Terms of Service (“Terms”) govern the contractual relationship between Arvabelle, LLC (“Arvabelle”, “we”, “our” or “us”) and each user or visitor (“you” or “your”) accessing and using (i) http://www.arvabelle.com (hereinafter referred to as “Website”), and (ii) the Services (defined under Section 4 below).
Please read these Terms carefully before using the Website. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms shall apply to all visitors, users and other persons who access the Website and/or use the Services.
1. Acceptance of Terms
By accessing Arvabelle’s Website and by using the Services, you agree to be bound by these Terms and accept to comply with all applicable laws. If you do not agree to these Terms, in whole or in part, you are to refrain from accessing the Website and using the Services.
Your use of the Website and/or Services shall be deemed as your acceptance of these Terms.
2. Modification of Terms
Arvabelle reserves the right, in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. Your continued access to the Website and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
Arvabelle provides you with the following services:
- an online blog post, including Youtube videos within the personal finance market;
- subscription to Arvabelle’s newsletter which provides you with access to the latest blog posts and exclusive content within the personal finance market;
- access to affiliated investment brokers and banks;
- access to third party blogs and videos providing you with personal finance-related product promotions; and
- provision of and access to certain products, which includes but is not limited to digital downloads and envelope or planner design templates, offered for sale to you via Arvabelle’s Etsy store located at https://www.etsy.com/shop/Arvabelle,
(collectively the “Services”).
When using the Services, you agree that you will not:
(a) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(b) upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or property;
(c) download any blog/file posted by Arvabelle that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
(d) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website and made available to you;
(e) create a false identity for the purpose of misleading Arvabelle, its affiliates or service providers;
(f) use, download or otherwise copy, or provide (whether or not for a fee) to an individual or entity any directory of users of the Services, any information or User Content (defined below) and/or any portion thereof; and
(g) violate any applicable laws or regulations.
Arvabelle does not control or endorse the content, messages or information found in any Services and, therefore, Arvabelle specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services.
Products. You acknowledge that all payments, delivery, refunds and order cancellations for products purchased by you via Arvabelle’s Etsy store, shall be handled directly through Etsy.
4. No Provision of Professional Advice
The Services are provided for informational purposes only, and no content included on the Website is intended for trading or investment purposes. Arvabelle shall not be responsible or liable for (i) the accuracy, usefulness or availability of any information transmitted via the Website and/or Services, and (ii) any trading or investment decisions made by you which is based on any information made available on the Website and/or Services.
Arvabelle has no intention of providing you with legal, tax, financial, trading, business or investment advice. Arvabelle is not a financial planner, broker or tax advisor. Your personal financial situation is unique, and as such, any information and advice obtained through the Services may not be appropriate or suitable for your situation. Accordingly, before making any decisions or implementing any financial strategy, it is recommended that you consider obtaining additional information and advice from an accountant and/or professional financial advisor who shall be privy to the details of your individual financial situation.
5. Acceptable Use of Website
You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
When accessing the Website, you shall be prohibited from:
- using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
- using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
- taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure;
- copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Arvabelle’s prior written consent;
- reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- attempting to access any area of the Website to which access is not authorised;
- conducting any systematic or automated data collection activities on or in relation to the Website, including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Arvabelle’s prior written consent; and
- using the Website to transmit or send unsolicited commercial communications and marketing for any purpose, without Arvabelle’s prior written consent.
6. User Content
6.1. Arvabelle allows you to post your comments, feedback, suggestions and otherwise make available certain information, text, graphics or any other material (“User Content”) on the Website. You shall be responsible for the User Content that you post to the Website and Services, including its legality, reliability, and appropriateness. By posting User Content on the Website and Services, you grant Arvabelle the right and license to use, modify, perform, display, reproduce, and distribute such User Content on and through the Website and/or Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Website and/or Services and you shall be solely responsible for protecting those rights.
6.2 You represent and warrant that:
- the User Content belongs to you (i.e. you own it) or you have the right to use it and grant Arvabelle the rights and license as granted by you under section 6.1 of these Terms, and
- the posting of your User Content on or through the Website and/or Services does not violate the intellectual property rights, privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party.
6.3 Arvabelle reserves all rights to block or remove User Content that Arvabelle determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of any third party or; (d) offensive or otherwise unacceptable to us in our sole and exclusive discretion. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Services, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities in the Services.
7. Access to Website and Services
The Website and Services are primarily intended for audiences residing in the United States of America (USA). As such, Arvabelle makes no representation that the Website and Services, including any content, information and/or material, and its respective copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use by individuals located outside the jurisdiction of the United States of America (USA).
Your access to the Website from locations outside the United States of America (USA) shall be at your own initiative and risk. You shall be solely responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Disclaimer of Representations and Warranties
ARVABELLE AND/OR ITS RESPECTIVE AFFILIATES, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITE AND THE SERVICES, AND RELATED GRAPHICS PUBLISHED AS PART OF THE WEBSITE AND THE SERVICES FOR ANY PURPOSE. ALL SUCH SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARVABELLE AND/OR ITS RESPECTIVE AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES, WHICH ERRORS AND CHANGES MAY BE PERIODICALLY MADE TO THE WEBSITE AND/OR SERVICES HEREIN.
NEITHER ARVABELLE NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE OR THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
9. Third Party Links
The Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that we shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Arvabelle of such websites or resources or the content, products, or services available from such websites or resources.
Your communication, interaction or business transaction with any third party advertiser or promoter found on or through the Website and/or Services, including any third party terms, conditions, warranties or representations associated with such communication, interaction or business transaction, are solely between you and such advertiser or promoter. You acknowledge and agree that Arvabelle shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction or other dealings you may have with any third party advertiser or promoter found on or through the Website and/or Services.
10. Social Media Links
Arvabelle may provide video posts to you via social media platforms which include but is not limited to, YouTube, Facebook, Instagram and Twitter (“Social Media Platform(s)”).
12. Intellectual Property
All content, trademarks, data, information or information contained in any materials, or documents used in relation to the Website and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Materials”), are the exclusive property of or are licensed to Arvabelle. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without Arvabelle’s prior written permission.
Any and all intellectual property rights in the Materials and the Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and the Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in Arvabelle, its licensors, suppliers, vendors, or service providers, as the case may be. All rights not expressly granted by Arvabelle to you are reserved by Arvabelle. Save as expressly set out herein, you shall not acquire any right, title or interest in Arvabelle’s Intellectual Property.
You shall defend, indemnify and hold harmless Arvabelle and its officers, directors, licensors, suppliers, vendors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Website or your use of the Services.
14. Limitation of Liability
ARVABELLE, ITS LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF ARVABELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHILE ARVABELLE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, ARVABELLE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, VENDORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, ARVABELLE’S, (INCLUDING ITS LICENSORS AND SUPPLIERS), LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF US$50).
15. Suspension and Termination
Arvabelle may suspend or temporarily disable your access to whole or part of the Website or any of the Services in the event of any suspected illegal activity, upon Arvabelle’s reasonable belief that you have violated these Terms, or upon requests made by applicable law enforcement or other government agencies.
16. Age Restriction
You must be at least eighteen (18) years of age to access the Website and use the Services. By accessing and using this Website and by agreeing to these Terms, you warrant and represent that you are at least eighteen (18) years of age.
If a court holds that any provision of these Terms is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, the court will sever and delete the provision from these Terms. The change will affect neither the validity of the amended provision nor the validity of any other provision of these Terms, which will continue in full force and effect.
18. Force Majeure
A force majeure eventmeans any event beyond a party’s reasonable control that, by its nature, could not have been foreseen or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), acts of God, epidemics and pandemic, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, shortage of supply or delay in delivery by our vendors, fire, flood, earthquake, accident, radiation, inability to secure transportation, failure of communications or energy sources, malicious damage, breakdown of plant or machinery, or default of suppliers or sub-contractors.
Neither party is liable for delays or failures to perform any of its obligations under these Terms to the extent caused by a force majeure event.
19. No Waiver
A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the party agreeing to the waiver.
Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, or courier.
21. Entire Agreement
These Terms constitute the entire agreement between yourself and Arvabelle with respect to the subject matter hereof, and supersede all previous written or oral agreements between yourself and Arvabelle with respect to such subject matter.
22. Governing Law
These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of the State of Texas, United States of America (USA). You agree that in respect of any dispute arising upon, over or in respect of any of the terms and conditions of these Terms, only the American Arbitration Forum shall have jurisdiction to try and adjudicate such dispute to the exclusion of the State of Texas’ Court system.
23. Contact Information
Should you have any questions concerning these Terms, you may contact Arvabelle at [email protected]
Effective Date: 04/10/20